Resident sues Briar Creek Mobile Home Community over alleged pool-related infection

6th Judicial Circuit of Florida Pinellas County
6th Judicial Circuit of Florida Pinellas County
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A recent legal filing claims that improper maintenance of a community spa and pool led to a resident contracting a severe infection, raising concerns about safety standards in shared residential amenities. The complaint was filed by Terrance Spence in the Circuit Court of the Sixth Judicial Circuit for Pinellas County, Florida, on February 11, 2026, naming Briar Creek Mobile Home Community I, Inc. as the defendant.

According to court documents, Spence alleges that he was residing at Briar Creek Mobile Home Community during the time of the incident. The defendant is described as a not-for-profit corporation operating the mobile home community located at 100 Briar Creek Blvd, Safety Harbor, Florida. Spence asserts that he was lawfully present on the premises and used common facilities including a spa and pool provided for residents.

The complaint outlines that Briar Creek Mobile Home Community I, Inc. had a duty to maintain its facilities in a safe condition for residents’ use. It is alleged that this duty extended specifically to proper maintenance, inspection, repair, and general safety of the spa and pool areas. Spence claims he had no way of knowing about any lapses in these responsibilities prior to his use of the amenities.

The central allegation is that due to what Spence describes as negligence on the part of Briar Creek Mobile Home Community I, Inc., dangerous bacteria developed in both the spa and pool. The document states: “That due to the negligence of, the failure of Defendant…to properly maintain, inspect, repair, and keep safe the spa and pool, dangerous bacteria grew and was present in the spa and pool.” As detailed in the filing, Spence used these facilities in late December 2024 and subsequently contracted what is described as a severe infection.

Spence’s legal claim is based on negligence. He argues that Briar Creek Mobile Home Community I, Inc. breached its duties by failing to adequately maintain or inspect its amenities; failing to warn residents about potential dangers; failing to correct hazardous conditions; not having sufficient staff assigned for maintenance; inadequately training employees; neglecting corporate policies regarding safety; lacking effective procedures for identifying hazards; engaging in unsafe operational practices; and deviating from reasonable business customs expected within such communities.

The complaint further specifies: “Negligently failing to properly or adequately maintain the spa and pool amenities…thus creating an unreasonably dangerous condition for Plaintiff,” among other similar assertions regarding inspection protocols and warnings.

As a result of these alleged failures by Briar Creek Mobile Home Community I, Inc., Spence claims he suffered significant personal injuries after contracting an infection from using the spa/pool facilities. The filing details various consequences including medical expenses for treatment, pain and suffering (both physical and mental), permanent injury affecting his body as a whole, loss of ability to enjoy life or perform normal work duties—all described as either permanent or continuing into the future.

Spence is seeking damages exceeding $50,001 exclusive of costs, interest, or attorneys’ fees—a figure set above jurisdictional thresholds but subject to determination by jury trial as per Article 1 Section 21 of Florida’s Constitution. In addition to monetary compensation for his injuries and losses outlined above, Spence requests judgment against Briar Creek Mobile Home Community I, Inc., along with a trial by jury on all issues triable as such.

The case was submitted by attorneys Paul B. Fulmer III (Florida Bar No.: 125857) and Stanton A. Fears (Florida Bar No.: 1007090) from Morgan & Morgan Tampa PA. The case number is 26-000907-CI.

Source: 26000907CI_Terrance_Spence_v_Briar_Creek_Complaint_Pinellas_County_Florida.pdf



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